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I co-own a house with one of my sons, and I want to assign my other son as the beneficiary of my half of the joint tenancy. I am considering using a transfer on death deed to pass my ownership to him upon my death. My goal is to ensure that this transfer happens without any negative consequences... View More 
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answered on May 18, 2025
In California, you cannot use a transfer on death (TOD) deed to pass your share of a house held in joint tenancy unless you first sever the joint tenancy. Joint tenancy includes the right of survivorship, meaning your share would automatically pass to the other joint tenant (your son) upon your... View More
I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of... View More
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answered on May 16, 2025
You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags.
You should... View More
I have lived with my boyfriend in California for over 10 years. He bought the home before we started dating, and I'm not on the title, but I've contributed equally to the home's finances. We file taxes separately, each claiming half of the property taxes and interest. I'm listed... View More
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answered on May 15, 2025
Since the home is in your boyfriend’s name and you’re not on title, you don’t currently meet the ownership test for the $250,000 capital gains exclusion. However, if you get married before the sale and file jointly, you and your spouse can exclude up to $500,000 in gain—assuming one of you... View More
My fiancé and I recently purchased a condominium in Los Angeles County, recorded in the names of our respective Trusts. We plan to get married and update our Trusts without making any significant changes to them. Will this update trigger a property tax reassessment by LA County, considering my... View More
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answered on May 13, 2025
Updating your trusts after marriage will generally not trigger a reassessment, as long as proportional ownership interests remain unchanged. According to the California State Board of Equalization:
“Transfers between an individual or individuals and a legal entity (or between legal... View More
I need to change the trustee of a trust because I have not been provided access to view the trust documents. This lack of access means I am unsure of the trust's contents and unable to understand what I am dealing with. I am seeking guidance on how to proceed with changing the trustee to gain... View More
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answered on May 11, 2025
What is your position? Are you the named beneficiary, an interested party such as a potential heir or creditor, or the settlor who created the trust? Your ability to change the trustee and access the trust documents in California depends on your legal standing.
If you are the settlor of a... View More
I am a widow with a small life insurance policy and a home solely in my name. My daughter is the beneficiary on both my life insurance policy and the Transfer on Death (TOD) deed for my home. I have loans on my home, including a second mortgage and a home equity line. Given these circumstances, is... View More
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answered on May 1, 2025
While a TOD deed and life insurance beneficiary designation can avoid probate for those specific assets, they don’t cover everything. Any other property you own—like bank accounts without a payable-on-death designation, personal items, refunds, or anything acquired later—would fall under... View More
I urgently need legal guidance regarding my late mother's estate in California. My brother has excluded me from my rightful inheritance and is using the assets for personal gain. He denied me access to sentimental belongings like jewelry, family albums, a bedroom set, vehicles, and bank... View More
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answered on Apr 22, 2025
You have several legal options under California law:
1. Request an Accounting
As a beneficiary, you can demand a formal accounting of the estate. If your brother refuses, the court can order it.
2. Remove the Trustee
You can petition the court to remove your brother... View More
I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?
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answered on Apr 16, 2025
To find out if you’re included in your late uncle’s will in California:
1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal... View More
My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More
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answered on Apr 15, 2025
In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:
1. Ownership Structure
• How is the property titled?
(For example: Joint tenancy, tenants in... View More
I am a beneficiary of a California trust, which is still in the process of being administered, and no funds have been distributed yet. The trustee has informed me that funds will be distributed after 120 days. However, I am concerned there might be a possibility that the funds will not be... View More
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answered on Apr 13, 2025
In California, trust distributions typically occur within 12 to 18 months after the trust becomes irrevocable, often upon the settlor’s death. In straightforward cases, distributions can happen in as little as 4 to 5 months.
A key factor influencing this timeline is the 120-day period... View More
In California, my father recently passed away, and the house is held in a revocable trust established in 2015, with my dad and my stepmom as co-grantors. The property is held in joint tenancy, and the house goes to my stepmom according to the trust, eventually passing to my brother and me upon her... View More
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answered on Apr 12, 2025
In California, when property held in joint tenancy is transferred into a revocable trust, the joint tenancy is generally severed unless the transfer occurred during a limited window between November 13, 2003, and September 30, 2013, and specific conditions were met. Since the trust in question was... View More
I would like to transfer my house from my revocable trust back to myself in California. After that, I plan to add my granddaughter to the deed as a joint owner so the property will pass directly to her upon my death. She is not a beneficiary of the trust, and there are no other beneficiaries or tax... View More
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answered on Apr 12, 2025
To transfer your house from your revocable trust back to yourself in California, you’ll need to execute a grant deed (or trust transfer deed) from you as trustee to you as an individual. This deed must be notarized and recorded with the county recorder’s office where the property is located,... View More
I am looking to create a trust that includes both my main home and rental real estate properties in California. There are no current mortgages on these properties. What are the steps I need to take and considerations I should be aware of in setting up this trust?
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answered on Apr 11, 2025
Yes, you can create a trust to include your main home and rental properties in California. Since there are no mortgages, transferring title is simpler. Here are the key steps:
1. Set up a Revocable Living Trust with the help of an estate planning attorney. This avoids probate and lets you... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.
Your... View More
I suspect my mother's will might be fraudulent. She had seven children and left the house to only two siblings. Everyone else was assigned 11% of the remaining assets, while I received only 4%. My mother would have never excluded me in this way. I believe this might be the work of one of my... View More
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answered on Apr 7, 2025
You can contest a will in California probate court if you believe it’s fraudulent or the result of undue influence. As a child of the decedent, you have standing to challenge the will, but you must act quickly—typically within 120 days of the will being admitted to probate.
Valid... View More
I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More
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answered on Apr 4, 2025
This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:
Legal and... View More
I have a revocable trust in California. What prevents the trust officer at the bank, who is responsible for distributing the trust, from changing the distribution amounts to beneficiaries, such as reducing them from $100,000 to $10,000?
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answered on Apr 3, 2025
Thanks for your question. Before I answer, I want to make sure I understand the context correctly.
• Is this a hypothetical question, or are you referring to a specific situation involving your own trust?
• When you say “trust officer at the bank,” are you referring to... View More
Living trust to issue partial payment to beneficiaries from condo sale before 120 notice is met
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answered on Jan 14, 2024
If beneficiaries of a living trust wish to receive a partial distribution of trust assets, such as proceeds from the sale of a condo, before the 120-day notification period has elapsed, there are a few considerations:
Trustee Discretion: The trustee has the discretion to make distributions.... View More
Rwork to be signed in nursing home that he put her in. Had access to everything in the house as in her whole life and made it all his. She had no family. And then there's me. The only one there for three years cleaning shopping driving her places and he hasn't once reached ut to me. She... View More
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answered on Jan 14, 2024
It appears you are describing a situation involving a trust and a successor trustee, who also happens to be the sole beneficiary. Here are some pointers:
Trustee's Job: The person who took over the trust (the successor trustee) has to do what's best for the person who made the... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More
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